Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

• 594 (1) The portion of subsection 251.05(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Rejection of complaint

  • 251.05 (1) The Head may reject a complaint made under section 251.01, in whole or in part,

• (2) The portion of paragraph 251.05(1)(a) of the English version of the Act before subparagraph (i) is replaced by the following:

  • (a) if the Head is satisfied

• (3) Subparagraph 251.05(1)(a)(iv) of the English version of the Act is replaced by the following:

  • (iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the Head considers should be pursued,

• (4) Paragraph 251.05(1)(b) of the English version of the Act is replaced by the following:

  • (b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in the Head’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period.

• (5) Subsections 251.05(1.1) to (6) of the Act are replaced by the following:

  • Marginal note:Notice

    (1.1) If the employee does not reply to a written communication from the Head within a period that the Head considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the Head may give written notice to the employee that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to indicate in writing that they wish to pursue their complaint.

  • Marginal note:Notice of rejection of complaint

    (2) If a complaint has been rejected, the Head shall notify the employee in writing, with reasons.

  • Marginal note:Request for review

    (3) The employee may, within 15 days after the day on which the employee is notified of the rejection, request in writing, with reasons, that the Head review the Head’s decision.

  • Marginal note:Review

    (4) The Head may confirm the decision, or rescind it and re-examine the complaint.

  • Marginal note:Notice of Head’s decision

    (5) The Head shall notify the employee in writing of the Head’s decision.

  • Marginal note:Reconsideration final

    (6) The Head’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court.

595 The heading before section 251.06 of the Act is repealed.

• 596 (1) Subsections 251.06(1) and (2) of the Act are replaced by the following:

  Marginal note:Compliance order

  • 251.06 (1) If the Head is of the opinion that an employer is contravening or has contravened a provision of this Part, its regulations or any condition of a permit issued under subsection 176(1), the Head may issue a compliance order in writing requiring the employer to terminate the contravention within the time that the Head may specify and take any step, as specified by the Head and within the time that the Head may specify, to ensure that the contravention does not continue or reoccur.

  • Marginal note:Limitation

    (2) The Head shall not issue a compliance order under subsection (1) to take any measure that could be set out in an order made under subsection 242(4) or section 246.4 or to make any payment that may be the subject of an order made under subsection 251.1(1).

• (2) Subsection 251.06(4) of the Act is replaced by the following:

  • Marginal note:Proof of service

    (4) A certificate purporting to be signed by the Head certifying that a document referred to in subsection (3) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

• 597 (1) Subsection 251.1(1) of the Act is replaced by the following:

  Marginal note:Payment order

  • 251.1 (1) If the Head finds that an employer has not paid an employee wages or other amounts to which the employee is entitled under this Part, the Head may issue a written payment order to the employer, or, subject to section 251.18, to a director of a corporation referred to in that section, ordering the employer or director to pay the amount in question, and the Head shall send a copy of any such payment order to the employee at the employee’s latest known address.

• (2) Paragraph 251.1(1.1)(a) of the English version of the Act is replaced by the following:

  • (a) in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 24 months, plus any extension of the period for making the complaint that is granted by the Head under subsection 251.01(3), immediately before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 24 months immediately before the date of termination;

• (3) Paragraph 251.1(1.1)(b) of the Act is replaced by the following:

  • (b) in any other case, the 24 months immediately before the day on which an inspection under this Part, during the course of which the Head made the finding referred to in subsection (1), began.

• (4) Subsections 251.1(2) and (2.1) of the Act are replaced by the following:

  • Marginal note:If complaint unfounded

    (2) If the Head deals with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part, the Head must notify the employee in writing that their complaint is unfounded if the Head concludes that the employer has paid to the employee all wages and other amounts to which the employee is entitled under this Part for the period of six months, plus any extension of the period for making the complaint that is granted by the Head under subsection 251.01(3), immediately before the day on which the complaint was made.

  • Marginal note:Notice of voluntary compliance

    (2.1) If the Head deals with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part, the Head shall notify the employee in writing that the employer has voluntarily paid to the employee all wages and other amounts owing if

    • (a) the Head concludes that the employer has, since the complaint was made, paid to the employee all wages and other amounts owing for the period of 24 months, plus any extension of the period for making the complaint that is granted by the Head under subsection 251.01(3), immediately before the day on which the complaint was made and for any subsequent period specified by the Head; and

    • (b) the Head has not issued a payment order or a notice of unfounded complaint with respect to the complaint.

• (5) Subsection 251.1(4) of the Act is replaced by the following:

  • Marginal note:Proof of service of documents

    (4) A certificate purporting to be signed by the Head certifying that a document referred to in subsection (3) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

598 The heading before section 251.101 of the Act is replaced by the following:

• 599 (1) The portion of subsection 251.101(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Request for review

  • 251.101 (1) An employer to whom a compliance order has been issued or a person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance may send a written request with reasons to the Head for a review of the Head’s decision

• (2) Subsections 251.101(2) to (3) of the Act are replaced by the following:

  • Marginal note:Payment of amount and administrative fee

    (2) An employer or a director of a corporation is not permitted to request a review of a payment order unless the employer or director pays to the Head the amount indicated in the payment order and, in the case of an employer, the administrative fee specified in the payment order in accordance with subsection 251.131(1), subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.

  • Marginal note:Security

    (2.1) The Head may allow an employer or a director of a corporation to give security, in a form satisfactory to the Head and on any conditions specified by the Head, for all or part of the amount and fee referred to in subsection (2).

  • Marginal note:Review

    (3) On receipt of the request for review, the Head may, in writing,

    • (a) confirm, rescind or vary, in whole or in part, the payment order or the compliance order; or

    • (b) confirm the notice of unfounded complaint or the notice of voluntary compliance, or rescind the notice, in which case the Head shall re-examine the complaint.

• (3) Subsection 251.101(5) of the Act is replaced by the following:

  • Marginal note:Proof of service

    (5) A certificate purporting to be signed by the Head certifying that a decision referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the decision and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the decision has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

• (4) Subsection 251.101(7) of the Act is replaced by the following:

  • Marginal note:Request treated as an appeal

    (7) The Head may, if the Head considers it appropriate in the circumstances, treat the request for review as an appeal of their decision, in which case the Head shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance — or, in the case of a compliance order, the employer — and shall refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of section 251.12.

600 Subsections 251.11(3) and (3.1) of the Act are replaced by the following:

601 Section 251.111 of the Act is replaced by the following:

602 Subsection 251.12(2) of the Act is replaced by the following:

603 Subsections 251.13(1) and (1.1) of the Act are replaced by the following:

604 Subsection 251.131(2) of the Act is replaced by the following:

605 The portion of section 251.132 of the Act before paragraph (a) is replaced by the following:

606 Section 251.14 of the Act is replaced by the following:

• 607 (1) Subsection 251.15(1) of the Act is replaced by the following:

  Marginal note:Enforcement of orders

  • 251.15 (1) Any person who is affected by a payment order issued under subsection 251.1(1) or confirmed or varied under subsection 251.101(3) or by an order of the Board made under subsection 251.12(1), or the Head, may, after the day provided in the order for compliance or after 15 days following the day on which the order is issued, made, confirmed or varied, whichever is later, file in the Federal Court a copy of the payment order, or a copy of the order of the Board, exclusive of reasons.

• (2) Subsection 251.15(2) of the Act is replaced by the following:

  • Marginal note:Enforcement of orders to debtors

    (2) After the expiration of the 15 day period specified in an order to a debtor of the employer or of the director of a corporation made under section 251.13, the Head may file a copy of the order in the Federal Court.